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Shire Files Suit against Cadila Healthcare Limited, doing business as Zydus Cadila and Zydus Pharmaceuticals (USA), Inc
Lainate, Italy – 12 July 2010 –
Cosmo Pharmaceuticals S.p.A. (SIX: COPN) today reports that Shire
plc (LSE: SHP, NASDAQ: SHPGY) announced on July 8, 2010 that it has
filed a law suit in the U.S. District Court of Delaware against
Cadila Healthcare limited, doing business as Zydus Cadila and Zydus
Pharmaceuticals (USA), Inc (collectively "Zydus") for the
infringement of U.S. Patent No. 6,773,720.
The lawsuit was filed as a result of an Abbreviated New Drug
Application (ANDA) filed by Zydus seeking FDA approval to market
and sell generic versions of Lialda® (mesalamine) prior to the
expiration of the „720 patent.
Lialda® was developed by Cosmo and licensed to Giuliani
S.p.A. who licensed it to Shire. Lialda® is protected by the
following FDA Orange Book listed patent: U.S. Patent No. 6,773,720,
Mesalazine Controlled Release Pharmaceutical Compositions. The
patent expires in 2020.
Under the Hatch-Waxman Act, because Shire filed its patent
infringement lawsuit within 45 days of receiving the Paragraph IV
notification letter from Zydus, the FDA must refrain from approving
Zydus‟ ANDA for 30 months, or until a district court
decision finding that the patent is invalid or not infringed,
whichever occurs earlier. The stay on the generic approval will
expire November 2012 unless terminated earlier.
Chris Tanner, CFO of Cosmo Pharmaceuticals, commented: "Cosmo's
royalties from Lialda® are capped at US$ 95 million and the
Company expects this cap to be reached in 2014 or 2015.
Manufacturing revenues are likely to continue under most scenarios.
Thus, whatever the outcome is of this event, it is unlikely to have
a significant impact on Cosmo's total share of revenues from
Lialda®."
About Cosmo Pharmaceuticals
Cosmo is a speciality pharmaceutical company that aims to become
a global leader in the field of optimized therapies for selected
Gastrointestinal and topically treated Skin Disorders. The
company‟s proprietary clinical development pipeline
specifically addresses innovative treatments for IBD, such as
Ulcerative Colitis and Crohn‟s Disease, and Colon
Infections. In addition, the Company is developing a new chemical
entity for the topical treatment of Acne, Alopecia and Hirsutism.
Cosmo‟s first MMX® product that has reached the
market is Lialda®/Mezavant®/Mesavancol®, a treatment
for IBD that is licensed globally to Giuliani and Shire Limited.
Cosmo‟s proprietary MMX® technology is at the core of
the Company‟s product pipeline and 2/2 was developed from
its expertise in formulating and manufacturing gastrointestinal
drugs for international clients at its GMP (Good Manufacturing
Practice) facilities in Lainate, Italy. The technology is designed
to deliver active ingredients in a targeted manner in the
intestines. For further information on Cosmo, please visit the
Company‟s website:
www.cosmopharmaceuticals.com
Contact
Dr. Chris Tanner, CFO and Head of Investor Relations
Cosmo Pharmaceuticals S.p.A.
Tel: +39 02 9333 7614
Some of the information contained in this press
release contains forward-looking statements. Readers are cautioned
that any such forward-looking statements are not guarantees of
future performance and involve risks and uncertainties, and that
actual results may differ materially from those in the
forward-looking statements as a result of various factors. Cosmo
undertakes no obligation to publicly update or revise any
forward-looking statements.
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